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Kansas House Bill HB2181

Kansas 2025-2026 Regular Session

Kansas House Bill HB2181 Compare Versions

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11 Session of 2025
22 HOUSE BILL No. 2181
33 By Committee on Corrections and Juvenile Justice
44 Requested by Joe Molina on behalf of the Kansas Bar Association
55 1-30
66 AN ACT concerning family law; relating to arbitration agreements;
77 enacting the uniform family law arbitration act.
88 Be it enacted by the Legislature of the State of Kansas:
99 Section 1. Sections 1 through 28, and amendments thereto, shall be
1010 known and may be cited as the uniform family law arbitration act.
1111 Sec. 2. As used in the uniform family law arbitration act:
1212 (a) "Arbitration agreement" means an agreement that subjects a
1313 family law dispute to arbitration.
1414 (b) "Arbitration organization" means an association, agency, board,
1515 commission or other entity that is neutral and initiates, sponsors or
1616 administers an arbitration or is involved in the selection of an arbitrator.
1717 (c) "Arbitrator" means an individual selected, alone or with others, to
1818 make an award in a family law dispute that is subject to an arbitration
1919 agreement.
2020 (d) "Child-related dispute" means a family law dispute regarding
2121 legal custody, residency, parenting time, visitation or financial support
2222 regarding a child.
2323 (e) "Court" means the district court authorized by state law to hear a
2424 family law dispute.
2525 (f) "Family law dispute" means a contested issue arising under the
2626 Kansas family law code.
2727 (g) "Party" means an individual who signs an arbitration agreement
2828 and whose rights will be determined by an award.
2929 (h) "Person" means an individual, estate, business or nonprofit entity,
3030 public corporation, government or governmental subdivision, agency,
3131 instrumentality or any other legal entity.
3232 (i) "Record," used as a noun, means information that is inscribed on a
3333 tangible medium or that is stored in an electronic or other medium and is
3434 retrievable in perceivable form.
3535 (j) "Sign" means to authenticate or adopt a record with present intent
3636 to:
3737 (1) Execute or adopt a tangible symbol; or
3838 (2) attach to or logically associate an electronic symbol, sound or
3939 process with the record.
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7575 (k) "State" means a state of the United States, the District of
7676 Columbia, Puerto Rico, the United States Virgin Islands or any territory or
7777 insular possession subject to the jurisdiction of the United States. The term
7878 includes a federally recognized Indian tribe.
7979 Sec. 3. (a) This act governs arbitration of a family law dispute.
8080 (b) This act does not authorize an arbitrator to make an award that:
8181 (1) Grants a decree of divorce, annulment or separate maintenance;
8282 (2) terminates parental rights;
8383 (3) grants an adoption or a guardianship of a child or incapacitated
8484 individual;
8585 (4) determines the status of a child in need of care; or
8686 (5) determines the existence or nonexistence of the parent and child
8787 relationship.
8888 Sec. 4. (a) Except as otherwise provided in this act, the law applicable
8989 to arbitration is article 4 of chapter 5 of the Kansas Statutes Annotated, and
9090 amendments thereto.
9191 (b) In determining the merits of a family law dispute, an arbitrator
9292 shall apply the law of this state, including its choice of law rules.
9393 Sec. 5. (a) An arbitration agreement shall:
9494 (1) Be in a record signed by the parties;
9595 (2) identify the arbitrator, an arbitration organization or a method of
9696 selecting an arbitrator; and
9797 (3) identify the family law dispute that the parties intend to arbitrate.
9898 (b) Except as otherwise provided in subsection (c), an agreement in a
9999 record to arbitrate a family law dispute that arises between the parties
100100 before, at the time or after the agreement is made is valid and enforceable
101101 as any other contract and irrevocable except on a ground that exists at law
102102 or in equity for the revocation of a contract.
103103 (c) An agreement to arbitrate a child-related dispute that arises
104104 between the parties after the agreement is made is unenforceable unless:
105105 (1) The parties affirm the agreement in a record after the dispute
106106 arises; or
107107 (2) the agreement was entered during a family law proceeding and the
108108 court approved or incorporated the agreement in an order issued in the
109109 proceeding.
110110 (d) If a party objects to arbitration on the ground that the arbitration
111111 agreement is unenforceable or the agreement does not include a family law
112112 dispute, the court shall decide whether the agreement is enforceable or
113113 includes the family law dispute.
114114 Sec. 6. A party may initiate arbitration by giving notice to arbitrate to
115115 the other party in the manner specified in the arbitration agreement or, in
116116 the absence of a specified manner, under article 4 of chapter 5 of the
117117 Kansas Statutes Annotated, and amendments thereto.
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161161 Sec. 7. (a) A motion for judicial relief under this act must be made to
162162 the court in which a proceeding is pending involving a family law dispute
163163 subject to arbitration or, if no proceeding is pending, a court with
164164 jurisdiction over the parties and the subject matter.
165165 (b) On motion of a party, the court may compel arbitration if the
166166 parties have entered into an arbitration agreement that complies with
167167 section 5, and amendments thereto, unless the court determines under
168168 section 12, and amendments thereto, that the arbitration should not
169169 proceed.
170170 (c) On motion of a party, the court shall terminate arbitration if it
171171 determines that the:
172172 (1) Agreement to arbitrate is unenforceable;
173173 (2) family law dispute is not subject to arbitration; or
174174 (3) arbitration should not proceed, pursuant to section 12, and
175175 amendments thereto.
176176 (d) Unless prohibited by an arbitration agreement, on motion of a
177177 party, the court may order consolidation of separate arbitrations involving
178178 the same parties and a common issue of law or fact if necessary for the fair
179179 and expeditious resolution of the family law dispute.
180180 Sec. 8. (a) Except as otherwise provided in subsection (b), unless
181181 waived in a record by the parties, an arbitrator shall be:
182182 (1) An attorney in good standing admitted to practice law or on
183183 inactive status or a judge on retired status in a state; and
184184 (2) trained in identifying domestic violence and child abuse.
185185 (b) The identification in the arbitration agreement of an arbitrator,
186186 arbitration organization or method of selection of the arbitrator shall
187187 control.
188188 (c) If an arbitrator is unable or unwilling to act, or if the agreed-on
189189 method of selecting an arbitrator fails, on motion of a party, the court shall
190190 select an arbitrator.
191191 Sec. 9. (a) Before agreeing to serve as an arbitrator, an individual,
192192 after making reasonable inquiry, shall disclose to all parties any known
193193 fact a reasonable person would believe is likely to affect:
194194 (1) The impartiality of the arbitrator in the arbitration, including bias,
195195 a financial or personal interest in the outcome of the arbitration, or an
196196 existing or past relationship with a party, attorney representing a party or
197197 witness; or
198198 (2) the arbitrator's ability to make a timely award.
199199 (b) An arbitrator, the parties and the attorneys representing the parties
200200 have a continuing obligation to disclose to all parties any known fact a
201201 reasonable person would believe is likely to affect the impartiality of the
202202 arbitrator or the arbitrator's ability to make a timely award.
203203 (c) An objection to the selection or continued service of an arbitrator
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247247 and a motion for a stay of arbitration and disqualification of the arbitrator
248248 must be made under the law and procedural rules of this state, other than
249249 this act governing arbitrator disqualification.
250250 (d) If a disclosure required by subsection (a)(1) or (b) is not made, the
251251 court may:
252252 (1) On motion of a party within 30 days after the failure to disclose is
253253 known or by the exercise of reasonable care should have been known to
254254 the party, suspend the arbitration;
255255 (2) on timely motion of a party, vacate an award under section 19(a)
256256 (2), and amendments thereto; or
257257 (3) if an award has been confirmed, grant other appropriate relief
258258 under the other laws of this state.
259259 (e) If the parties agree to discharge an arbitrator or the arbitrator is
260260 disqualified, the parties by agreement may select a new arbitrator or
261261 request the court to select another arbitrator as provided in section 8, and
262262 amendments thereto.
263263 Sec. 10. (a) A party may:
264264 (1) Be represented in an arbitration by an attorney;
265265 (2) be accompanied by an individual who will not be called as a
266266 witness or act as an advocate; and
267267 (3) participate in the arbitration to the full extent permitted under the
268268 law and procedural rules of this state, other than this act, governing a
269269 party's participation in contractual arbitration.
270270 (b) A party or representative of a party may not communicate ex parte
271271 with the arbitrator except to the extent allowed in a family law proceeding
272272 for communication with a judge.
273273 Sec. 11. (a) Before an arbitrator is selected and able to act, on motion
274274 of a party, the court may enter a temporary order under K.S.A. 2024 Supp.
275275 23-2224, 23-2707, 23-3103 or 23-3212, and amendments thereto.
276276 (b) After an arbitrator is selected:
277277 (1) The arbitrator may make a temporary award under K.S.A. 2024
278278 Supp. 23-2224, 23-2707, 23-3103 or 23-3212, and amendments thereto;
279279 and
280280 (2) if the matter is urgent and the arbitrator is not able to act in a
281281 timely manner or provide an adequate remedy, on motion of a party, the
282282 court may enter a temporary order.
283283 (c) On motion of a party, before the court confirms a final award, the
284284 court under section 16, 18 or 19, and amendments thereto, may confirm,
285285 correct, vacate or amend a temporary award made under subsection (b)(1).
286286 (d) On motion of a party, the court may enforce a subpoena or interim
287287 award issued by an arbitrator for the fair and expeditious disposition of the
288288 arbitration.
289289 Sec. 12. (a) As used in this section, "protection order" means an
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333333 injunction or other order, issued under the domestic-violence, family-
334334 violence or stalking laws of the issuing jurisdiction, to prevent an
335335 individual from engaging in a violent or threatening act against,
336336 harassment of, contact or communication with or being in physical
337337 proximity to another individual who is a party or a child under the
338338 custodial responsibility of a party.
339339 (b) If a party is subject to a protection order or an arbitrator
340340 determines there is a reasonable basis to believe a party's safety or ability
341341 to participate effectively in arbitration is at risk, the arbitrator shall stay the
342342 arbitration and refer the parties to court. The arbitration may not proceed
343343 unless the party at risk affirms the arbitration agreement in a record and
344344 the court determines:
345345 (1) The affirmation is informed and voluntary;
346346 (2) arbitration is not inconsistent with the protection order; and
347347 (3) reasonable procedures are in place to protect the party from risk of
348348 harm, harassment or intimidation.
349349 (c) If an arbitrator determines that there is a reasonable basis to
350350 believe a child who is the subject of a child-related dispute is abused or
351351 neglected, the arbitrator shall terminate the arbitration of the child-related
352352 dispute and report the abuse or neglect to the department of children and
353353 families.
354354 (d) An arbitrator may make a temporary award to protect a party or
355355 child from harm, harassment or intimidation.
356356 (e) On motion of a party, the court may stay arbitration and review a
357357 determination or temporary award under this section.
358358 (f) This section supplements remedies available under the other laws
359359 of this state for the protection of victims of domestic violence, family
360360 violence, stalking, harassment or similar abuse.
361361 Sec. 13. (a) An arbitrator shall conduct an arbitration in a manner the
362362 arbitrator considers appropriate for a fair and expeditious disposition of the
363363 dispute.
364364 (b) An arbitrator shall provide each party a right to be heard, to
365365 present evidence material to the family law dispute and to cross-examine
366366 witnesses.
367367 (c) Unless the parties otherwise agree in a record, an arbitrator's
368368 powers include the power to:
369369 (1) Select the rules for conducting the arbitration;
370370 (2) hold conferences with the parties before a hearing;
371371 (3) determine the date, time and place of a hearing;
372372 (4) require a party to provide:
373373 (A) A copy of a relevant court order;
374374 (B) information required to be disclosed in a family law proceeding
375375 under the other laws of this state; and
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419419 (C) a proposed award that addresses each issue in arbitration;
420420 (5) meet with or interview a child who is the subject of a child-related
421421 dispute;
422422 (6) appoint a private expert at the expense of the parties;
423423 (7) administer an oath or affirmation and issue a subpoena for the
424424 attendance of a witness or the production of documents and other evidence
425425 at a hearing;
426426 (8) compel discovery concerning the family law dispute and
427427 determine the date, time and place of discovery;
428428 (9) determine the admissibility and weight of evidence;
429429 (10) permit deposition of a witness for use as evidence at a hearing;
430430 (11) for good cause, prohibit a party from disclosing information;
431431 (12) appoint an attorney, guardian ad litem or other representative for
432432 a child at the expense of the parties;
433433 (13) impose a procedure to protect a party or child from risk of harm,
434434 harassment or intimidation;
435435 (14) allocate arbitration fees, attorney's fees, expert-witness fees and
436436 other costs to the parties; and
437437 (15) impose a sanction on a party for bad faith or misconduct during
438438 the arbitration according to standards governing imposition of a sanction
439439 for litigant misconduct in a family law proceeding.
440440 (d) An arbitrator may not allow ex parte communication except to the
441441 extent allowed in a family law proceeding for communication with a
442442 judge.
443443 Sec. 14. (a) Except as otherwise provided in subsection (b) or
444444 required by the other laws of this state, an arbitration hearing need not be
445445 recorded unless required by the arbitrator, provided by the arbitration
446446 agreement or requested by a party.
447447 (b) An arbitrator shall request a verbatim recording be made of any
448448 part of an arbitration hearing concerning a child-related dispute.
449449 Sec. 15. (a) An arbitrator shall make an award in a record that is dated
450450 and signed by the arbitrator. The arbitrator shall give notice of the award to
451451 each party by a method agreed on by the parties or, if the parties have not
452452 agreed on a method, under the other laws and procedural rules of this state,
453453 governing notice in contractual arbitration.
454454 (b) Except as otherwise provided in subsection (c), the award under
455455 this act shall state the reasons on which it is based unless otherwise agreed
456456 by the parties.
457457 (c) An award determining a child-related dispute shall state the
458458 reasons on which it is based as required by the other laws of this state for a
459459 court order in a family law proceeding.
460460 (d) An award under this act is not enforceable as a judgment until
461461 confirmed under section 16, and amendments thereto.
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505505 Sec. 16. (a) After an arbitrator gives notice of an award under section
506506 15(a), and amendments thereto, including an award corrected under
507507 section 17, and amendments thereto, a party may move the court for an
508508 order confirming the award.
509509 (b) Except as otherwise provided in subsection (c), the court shall
510510 confirm an award under this act if:
511511 (1) The parties agree in a record to the confirmation; or
512512 (2) the time has expired for making a motion, and no motion is
513513 pending, under section 18 or 19, and amendments thereto.
514514 (c) If an award determines a child-related dispute, the court shall
515515 confirm the award under subsection (b) if the court finds, after a review of
516516 the record if necessary, that the award on its face:
517517 (1) Complies with section 15, and amendments thereto, and the laws
518518 of this state governing a child-related dispute other than this act; and
519519 (2) is in the best interests of the child.
520520 (d) On confirmation, an award under this act is enforceable as a
521521 judgment.
522522 Sec. 17. On motion of a party made within 30 days after an arbitrator
523523 gives notice of an award under section 15(a), and amendments thereto, the
524524 arbitrator may correct the award:
525525 (a) If the award has an evident mathematical miscalculation or an
526526 evident mistake in the description of a person, thing or property;
527527 (b) if the award is imperfect in a matter of form not affecting the
528528 merits on the issues submitted; or
529529 (c) to clarify the award.
530530 Sec. 18. (a) On motion of a party made within 90 days after an
531531 arbitrator gives notice of an award under section 15(a), and amendments
532532 thereto, including an award corrected under section 17, and amendments
533533 thereto, the court shall correct the award if:
534534 (1) The award has an evident mathematical miscalculation or an
535535 evident mistake in the description of a person, thing or property;
536536 (2) the award is imperfect in a matter of form not affecting the merits
537537 of the issues submitted; or
538538 (3) the arbitrator made an award on a dispute not submitted to the
539539 arbitrator and the award may be corrected without affecting the merits of
540540 the issues submitted.
541541 (b) A motion to correct an award under this section may be joined
542542 with a motion to vacate or amend the award under section 19, and
543543 amendments thereto.
544544 (c) Unless a motion under section 19, and amendments thereto, is
545545 pending, the court may confirm a corrected award under section 16, and
546546 amendments thereto.
547547 Sec. 19. (a) On motion of a party, the court shall vacate an
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591591 unconfirmed award if the moving party establishes that:
592592 (1) The award was procured by corruption, fraud or other undue
593593 means;
594594 (2) there was:
595595 (A) Evident partiality by the arbitrator;
596596 (B) corruption by the arbitrator; or
597597 (C) misconduct by the arbitrator substantially prejudicing the rights
598598 of a party;
599599 (3) the arbitrator refused to postpone a hearing on showing of
600600 sufficient cause for postponement, refused to consider evidence material to
601601 the controversy or otherwise conducted the hearing contrary to section 13,
602602 and amendments thereto, so as to prejudice substantially the rights of a
603603 party;
604604 (4) the arbitrator exceeded the arbitrator's powers;
605605 (5) no arbitration agreement exists, unless the moving party
606606 participated in the arbitration without making a motion under section 7,
607607 and amendments thereto, not later than the beginning of the first
608608 arbitration hearing; or
609609 (6) the arbitration was conducted without proper notice of the
610610 initiation of arbitration under section 6, and amendments thereto, so as to
611611 prejudice substantially the rights of a party.
612612 (b) Except as otherwise provided in subsection (c), on motion of a
613613 party, the court shall vacate an unconfirmed award that determines a child-
614614 related dispute if the moving party establishes that:
615615 (1) The award does not comply with section 15, and amendments
616616 thereto, the laws of this state other than this act governing a child-related
617617 dispute or is contrary to the best interests of the child;
618618 (2) the record of the hearing or the statement of reasons in the award
619619 is inadequate for the court to review the award; or
620620 (3) a ground for vacating the award under subsection (a) exists.
621621 (c) If an award is subject to vacation under subsection (b)(1), on
622622 motion of a party, the court may amend the award if amending rather than
623623 vacating is in the best interests of the child.
624624 (d) The court shall determine a motion under subsection (b) or (c)
625625 based on the record of the arbitration hearing and facts occurring after the
626626 hearing.
627627 (e) A motion under this section to vacate or amend an award must be
628628 filed within 90 days:
629629 (1) After an arbitrator gives the party filing the motion notice of the
630630 award or a corrected award; or
631631 (2) for a motion under subsection (a)(1), after the ground of
632632 corruption, fraud or other undue means is known or by the exercise of
633633 reasonable care should have been known to the party filing the motion.
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677677 (f) If the court under this section vacates an award for a reason other
678678 than the absence of an enforceable arbitration agreement, the court may
679679 order a rehearing before an arbitrator. If the reason for vacating the award
680680 is that the award was procured by corruption, fraud or other undue means
681681 or there was evident partiality, corruption or misconduct by the arbitrator,
682682 the rehearing shall be before another arbitrator.
683683 (g) If the court under this section denies a motion to vacate or amend
684684 an award, the court may confirm the award under section 16, and
685685 amendments thereto, unless a motion is pending under section 18, and
686686 amendments thereto.
687687 Sec. 20. If the meaning or effect of an award confirmed under section
688688 16, and amendments thereto, is in dispute, the parties may:
689689 (a) Agree to arbitrate the dispute before the original arbitrator or
690690 another arbitrator; or
691691 (b) proceed in court under the other laws of this state governing
692692 clarification of a judgment in a family law proceeding.
693693 Sec. 21. (a) On granting an order confirming, vacating without
694694 directing a rehearing or amending an award under this act, the court shall
695695 enter judgment in conformity with the order.
696696 (b) On motion of a party, the court may order that a document or part
697697 of the arbitration record be sealed or redacted to prevent public disclosure
698698 of all or part of the record or award to the extent permitted under the other
699699 laws of this state.
700700 Sec. 22. (a) If a party requests a modification of an award
701701 confirmed under section 16, and amendments thereto, or judgment on the
702702 award based on a fact occurring after confirmation pursuant to the other
703703 laws of the state:
704704 (1) The parties shall proceed under the dispute-resolution method
705705 specified in the award or judgment; or
706706 (2) if the award or judgment does not specify a dispute-resolution
707707 method, the parties may:
708708 (A) Agree to arbitrate the modification before the original arbitrator
709709 or another arbitrator; or
710710 (B) absent agreement, proceed under the other laws of this state
711711 governing modification of a judgment in a family law proceeding.
712712 Sec. 23. (a) The court shall enforce an award confirmed under section
713713 16, and amendments thereto, including a temporary award, in the same
714714 manner and to the same extent as any other order or judgment of a court.
715715 (b) The court shall enforce an arbitration award in a family law
716716 dispute confirmed by a court in another state in the same manner and to
717717 the same extent as any other order or judgment from another state.
718718 Sec. 24. (a) An appeal may be taken under this act from:
719719 (1) An order denying a motion to compel arbitration;
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763763 (2) an order granting a motion to stay arbitration;
764764 (3) an order confirming or denying confirmation of an award;
765765 (4) an order correcting an award;
766766 (5) an order vacating an award without directing a rehearing; or
767767 (6) a final judgment.
768768 (b) An appeal under this section may be taken as from an order or a
769769 judgment in a civil action.
770770 Sec. 25. (a) An arbitrator or arbitration organization acting in that
771771 capacity in a family law dispute is immune from civil liability to the same
772772 extent as a judge of a court of this state acting in a judicial capacity.
773773 (b) The immunity provided by this section supplements any immunity
774774 under the other laws of this state.
775775 (c) An arbitrator's failure to make a disclosure required by section 9,
776776 and amendments thereto, shall not cause the arbitrator to lose immunity
777777 under this section.
778778 (d) An arbitrator is not competent to testify, and may not be required
779779 to produce records in a judicial, administrative or similar proceeding about
780780 a statement, conduct, decision or ruling occurring during an arbitration, to
781781 the same extent as a judge of a court of this state acting in a judicial
782782 capacity. This subsection does not apply to:
783783 (1) The extent disclosure is necessary to determine a claim by the
784784 arbitrator or arbitration organization against a party to the arbitration; or
785785 (2) a hearing on a motion under section 19(a)(1) or (a)(2), and
786786 amendments thereto, to vacate an award, if there is prima facie evidence
787787 that a ground for vacating the award exists.
788788 (e) If a person commences a civil action against an arbitrator arising
789789 from the services of the arbitrator or seeks to compel the arbitrator to
790790 testify or produce records in violation of subsection (d) and the court
791791 determines that the arbitrator is immune from civil liability or is not
792792 competent to testify or required to produce the records, the court shall
793793 award the arbitrator reasonable attorney fees, costs and reasonable
794794 expenses of litigation.
795795 Sec. 26. In applying and construing this uniform act, consideration
796796 must be given to the need to promote uniformity of the law with respect to
797797 its subject matter among states that enact it.
798798 Sec. 27. This act modifies, limits or supersedes the electronic
799799 signatures in global and national commerce act, 15 U.S.C. § 7001 et seq.,
800800 but does not modify, limit or supersede section 101(c) of that act, 15
801801 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices
802802 described in section 103(b) of that act, 15 U.S.C. § 7003(b).
803803 Sec. 28. This act applies to arbitration of a family law dispute under
804804 an arbitration agreement made on or after July 1, 2025. If an arbitration
805805 agreement was made before July 1, 2025, the parties may agree in a record
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849849 that this act applies to the arbitration.
850850 Sec. 29. This act shall take effect and be in force from and after its
851851 publication in the statute book.
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